13. In December, 2008, the Law Commission concluded the development of legislation on the
prevention and management of HIV and AIDS. Among other things, the proposed
legislation provides for access of persons over the age of 13 years to Voluntary Counselling
and Testing for HIV infection without involving a parent or guardian while parents and
guardians of children below the age of 14 years are entitled to, if employed, to leave on full
pay for the first 4 weeks and leave on half pay for the next 4 weeks. The Bill has not been
passed yet and the Department of Nutrition, HIV and AIDs under the Office of the
President and Cabinet is working towards the enactment of the Bill by introducing it to
Cabinet for approval.
14. In 2010, Parliament also passed the Penal Code (Amendment) Act which among other things
has notably revised the age of consent to sexual intercourse for a girl from 13 years to 16
years. This means that a girl below the age of 16 years is incapable of consenting to sexual
intercourse and any person having sexual intercourse with such a person commits the
offence of Defilement which is punishable with imprisonment for life.
15. The Penal Code also provides for offences relating to kidnapping and abduction of children
below the age of 16 years. The Penal Code also has made provision for offences related to
infanticide; killing unborn children; concealing the birth of children. The punishments for
these offences are life imprisonment for the first two and 2 years for the last offence.
16. The Penal Code also places a duty on persons with responsibility over others (including
children) and heads of families over children under 14 years. Under section 219 of the Penal
Code, the head of family is liable to have caused any consequences which result to the life or
health of the child by reason of omission to perform the duty whether the child is helpless or
not.
17. Any master or mistress contracted to provide necessary food, clothing or lodging for a
servant or apprentice under the age of 16 years shall perform such duty failing which he or
she is responsible for any consequences which result to the life or health of the servant or
apprentice by reason of omission to perform the duty.
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